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July 26, 2026Journal of Intellectual Property Law & Practice

The Algorithmic Authorship Threshold: identifying human contribution in AI-assisted creativity

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UBUlaş Göker Bektaş

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Overview

This article develops a framework to identify human contribution in AI creativity, enhancing legal clarity in copyright law.

Key Points

  • The aim is to establish a structured method for identifying human contributions in AI-assisted creativity under EU copyright law.
  • Development of the Algorithmic Authorship Threshold (AAT) framework consisting of three layers: Creative Intent, Structural Decision-Making, Outcome Shaping.
  • Analysis of EU copyright doctrine and national laws, focusing on Germany and France.
  • Proposal of a methodological approach centered on evidentiary intelligibility for adjudicating authorship.
  • The AAT preserves the foundations of EU copyright while adapting to contemporary hybrid creative practices.
  • The framework does not harmonize legal outcomes or lower the originality threshold, maintaining legal integrity.
  • The approach enhances consistency, transparency, and legal certainty in AI-assisted creativity disputes within the EU.

Cite This Study

Ulaş Göker Bektaş (2026) studied this question.

synapsesocial.com/papers/6a65a7b4d3aea3239cd78558https://doi.org/10.1093/jiplp/jpag078
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